| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 176 |
| Hearing date | 8 Apr 2013 |
| Determination date | 09 May 2013 |
| Member | J Crichton |
| Representation | G Bennett ; G Jones |
| Location | Auckland |
| Parties | Mika v Simple Rentals Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably disadvantaged by progressive reduction in hours and unjustifiably dismissed by respondent - ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay - Debt collector |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Initial reduction not improper. Further reduction beyond what employment agreement permitted. Redundancy genuine. Dismissal justified but applicant unjustifiably disadvantaged by reduction in hours and respondent’s failure to consult applicant about proposed redundancy. REMEDIES: $5,000 compensation appropriate. Respondent to pay applicant $810 reimbursement of lost wages.;ARREARS OF HOLIDAY PAY: Respondent failed to provide holiday leave records. Applicant’s claim accepted at face value. Respondent to pay applicant arrears of holiday pay, quantum to be determined. |
| Result | Applications granted (unjustified disadvantage)(arrears of holiday pay); Compensation for humiliation ($5,000); Reimbursement of lost wages ($810); Arrears of holiday pay (quantum to be determined); Application dismissed (unjustified dismissal); Disbursements in favour of applicant ($71.56)(filing fee); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A – Holidays Act 2003 - Holidays Act 2003 s83 |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Auckland_176.pdf [pdf 227 KB] |